defense-theory

4 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
23-7703 Walter Taylor, III v. Vermont Vermont 2024-06-12 Denied Response WaivedIFP defense-theory due-process fourteenth-amendment jury-instructions jury-trial sixth-amendment voluntary-intoxication Is a criminal defendant denied his right to a jury trial under the Sixth Amendment and due process under the Fourteenth Amendment when the trial court…
22-6923 In Re Jesse Brown 2023-03-03 Denied IFP actual-innocence constitutional-claim defense-theory evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel ineffective-assistance-of-trial-counsel legal-default post-conviction-relief standard-of-review trial-counsel I. Is the Petitioner entitled to a AC defense theory? II. Is the Petitioner entitled to AN standard of review of his claims on the merits? III. Is t…
20-5898 Roy Eugene Ussery v. Texas Texas 2020-10-02 Denied IFP barker-test barker-v-wingo constitutional-rights defense-theory extraneous-offense-evidence grand-jury ineffective-assistance-of-counsel ineffective-counsel prejudice speedy-trial witness-prejudice 1) When giving weight to the prejudice factor in a 'Barker' test & the complained of prejudice is the death of a DEFENSIVE witness, but the Court erro…
18-7330 Michael Anthony Garrett v. United States Eighth Circuit 2019-01-09 Denied Response WaivedIFP 5th-amendment 6th-amendment constitutional-rights criminal-procedure defense-theory due-process evidence fifth-amendment jury-instructions right-to-present-defense sixth-amendment trial-evidence Whether a defendant's constitutional right to present a defense as guaranteed by the Fifth and Sixth Amendments to the United States Constitution enco…